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eswar kumar (des)     11 October 2016

Divorce status- waiting for orders. but wife wants re open

Hi,

I filed divorce in 2015 April and my wife was contesting that. 
last month we decided to go for mutual divorce.But lawyers suggested that instead of going  for mutual consent with 6 months cooling period, get the contested divorce on dessertion and cruelty ground. Judge also suggested the same.

So, we filed affadavits accordingly to get the divorce easily. 
I gave 10 lacs and plot to my wife towards permanent alimony. She stated the alimony matters in affadavit and also in examination in chief.

I have handed over DD and plot registration papers to my wife infront of judge. Due to festival holidays, the case has been adjourned to next week for orders.

But  I got credible information  that my wife is not interested for divorce and wants to contest the petition.

  1. If my wife is not come to court on next court date. What will happen? the judge will postpone the orders till she present in court?
  2. can my wife take back steps and return money and plot to me? 
  3. can she tell to judge that she is not interested for divorce? Judge will accept it? Can I get back my money and plot in this case?
Please help me.



Learning

 11 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     12 October 2016

Sir, 

 

For Orders her presence is not required. 

 

 

https://kapilchandnaadvocate.wordpress.com/

Warm Regards 

Kapil Chandna Advocate 

9899011450

anil   12 October 2016

MCD was best option , contested divorce can be revoked by high court , supreme court.

Also if you paid alimony then y not MCD , 6 months is nothing as compared to tension and other stuffs.

I think now ur wife will use your money to fight and extract more money from you. just hope after divorce order , within 3 months she is not filing in highcourt.

after divorce she can ask more money till her next marriage.

so better go MCD if you think she is money minded person.

Jeevan (Finance)     12 October 2016

Please remember, there is nothing called permenent alimony - she can always claim maintenance as per 125. According to a judgment, any such 'permanent' settlemenet is outside the pervue of the law and sec 125 must be honoured. 

Sachin (N.A)     12 October 2016

Who asked you to pay so early. and why do you think she will return the same?

 

Ms.Usha Kapoor (CEO)     12 October 2016

In case honestly she wants to reconcile with you and regrets her  decision for divorce are you in  a mood to accept her back into your life.Because you've actual experience  with  her. Would you reciprocate her feelings of reconciliation. Honestly introspect. If she is greeedy and she puts money before anything else if  she doesn't come to court on the date of divorce orders it doesn'tmatter. Judge will pass exparty orders. Her presence is not  required. IN case  she is moneyminded get rid of her through divorce. You get rid of your pain in the ass.If  you  appreciate this answer please click the thank you button on  this forum.

sai narayana   12 October 2016

Before paying to your wife, you should have ammended the existing petition into MCD which would have entitiled you the 6 months cooling period waiver.

Deepak Dang   12 October 2016

Sir, my friend's daghter is well qualified.  She was married i n 2011. She was tortured by husband  & in-laws.  After one year it came to our notice during surprise visit. She was brought back, while husband left India for a project of his co. & still there.  Last year  case was filed.  Summons were issued by speed post & e-mail at his residence, official address of office in india & Abroad.  Ist time it was received but no representative came to court.  In stead of proceeding further, court repeated same process again & summoned received back.  Notice publication order not issued by court till date.  Please advise as to how we should proceed further.  

Deepak Dang   12 October 2016

JURISDICTION IN DV CASES: - Marriage held at X town.  Relations were soured so husband filed case of divorce at Y station where he brought her afyter marriage.  Even after summons neither she nor her representative appeared before the court.  Later on, she filed a case of maintinance at X town & the court ordered for payment, which was reglarly paid.  Now she asked for enhancement of interim maintinance allowance & court of X town allowed it.  Marriage is no where registered,: Querry:

1. Which family court is having jurisdiction?

2. Can two family courts deal the matter for order?

3. Whether registration of marriage is not cumpulsory ?  If not regd. the contract of mariage is valid/voidable or void.

 

Sachin (N.A)     12 October 2016

Dear Deepak,

Kindly start new thread.

A walk alone (-)     12 October 2016

For order her presence is not required. Only because of six months cooling period in MCD you go contested divorce you are fool. MCD is better then contested divorce . Contested divorce is always tension able. Opposite party can appeal in HC.

A walk alone (-)     12 October 2016

Please click thank you button for Ms. Usha kapoor.

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